Pedestrian Accidents at Crosswalks: When is the Driver Liable?

What Are the Common Causes of Pedestrian Accidents in California?

Many pedestrian accidents happen due to multiple factors. Understanding them can help motorists and pedestrians take measures to minimize the risk of accidents by promoting a safety culture on the roads. Personal injury attorneys in Encino highlight the following as some common causes of pedestrian accidents:

• Failure to yield: Drivers may ignore the need to give the right of way at intersections or crosswalks.
• Speeding: Excessive speeds make it hard to halt in time to avoid hitting a pedestrian and increase the severity of a crash.
• Distracted driving: Many motorists use phones or engage in other distractions while driving, causing them to fail to notice pedestrians.
• Violating traffic signals: Disregarding traffic lights or stop signs can lead to accidents.
• Drunk driving: Driver impairment is likely to cause pedestrian accidents.
• Poor weather conditions: Adverse weather conditions can reduce visibility, while slippery surfaces can contribute to accidents.

You may be eligible to pursue compensation from the at-fault driver if you can prove your case. However, navigating the complexities of pedestrian accidents can be challenging. It would be in your best interests to enlist the help of skilled pedestrian accident lawyers in Encino to help you fight for a fair settlement.

Do Pedestrians Always Have the Right of Way?

California law has various statutes defining the relationship between pedestrians and motorists, stipulating who has the right of way. Contrary to what many people believe, the law doesn’t give pedestrians the right of way in all circumstances. The following are crucial Vehicle Codes you must understand when fighting for your rights after a pedestrian accident:

• 21955 VC: Pedestrians must use crosswalks at intersections when crossing a street with traffic lights. The law is often used for jaywalking tickets
• 21456 VC: Pedestrians should obey crossing lights when crossing at an intersection. The lights will show green or red letters or pictures and include a countdown clock.
•  21954 VC: The law stipulates when pedestrians can cross the street outside a crosswalk. If they cross at an unmarked crosswalk or intersection, they must give the right-of-way to cars near enough to pose a potential risk to them.
• 21970 VC: Motorists are prohibited from blocking or obstructing crosswalks unnecessarily, which could force pedestrians to cross outside the designated area, jeopardizing their safety.
•  21952 VC: Motorists don’t have the right of way when crossing a sidewalk, as that right belongs to the pedestrians. Drivers must stop and let pedestrians pass first.
• 21966 VC: The law prohibits pedestrians from using marked bike lanes when there are existing pedestrian facilities, such as sidewalks.

Given these laws, pedestrians must understand that they don’t always have the right of way and must yield to vehicles when crossing a street outside a crosswalk. When pursuing a claim against a driver who causes a pedestrian accident, a pedestrian must prove the driver was negligent. Skilled Encino pedestrian accident attorneys can help you navigate the nuances.

What Factors Can Help Determine a Driver’s Liability in an Accident at a Crosswalk?

Encino personal injury lawyers explain that determining liability in personal injury cases requires a thorough investigation to establish the at-fault party. The process can be complex, depending on the case specifics. The following factors typically come into play in these cases:

• Duty of care: It’s crucial to determine whether the involved parties had a duty of care. For example, drivers must exercise reasonable care when operating vehicles to ensure their safety and that of other road users. Pedestrians must take care of themselves by crossing at designated areas and obeying traffic signals when applicable.
• Breach of duty of care: A claimant must demonstrate that the at-fault party acted negligently, breaching their duty of care. In pedestrian accidents, negligence could be in the form of speeding, distracted driving, driving under the influence, and failing to yield to the right of way, jeopardizing pedestrian safety.
• Causation: There must be a relationship between the at-fault party’s actions and the resulting accident. The process involves determining whether the driver’s actions substantially contributed to the accident.
• Damages: The fourth element of determining liability is providing evidence of the damages suffered due to the accident. You can prove that you got injured or incurred property damage through photos of the accident scene, surveillance footage, police reports, medical reports, and eyewitness testimony.
• Traffic laws are crucial in determining liability, as violations by either party can be strong indicators of who should be held liable for the accident. For example, if drivers run a stop signal and hit a pedestrian at a crosswalk, they will likely be at fault.
• Foreseeability: Liability can depend on whether the accident was foreseeable. For example, if the driver had sufficient time to see the pedestrian but didn’t take appropriate action to prevent the accident, they could be liable.

Evaluating all these factors is a complex process. Working closely with experienced Encino pedestrian accident attorneys is vital to guide you through the legal nuances.

A Skilled Personal Injury Attorney Can Help Determine Driver Liability in a Crosswalk Accident

Proving driver liability in a pedestrian accident at a crosswalk entails an in-depth analysis of many factors and laws that can help determine the events leading to the accident. Pedestrians don’t always have the right of way, depending on the specific circumstances. Skilled Encino pedestrian accident lawyers can provide legal insights to help you explore your options.

The V&A Law Firm is a reputable personal injury law firm with dedicated pedestrian accident lawyers in Encino. When you face life’s toughest challenges, you don’t have to suffer alone in silence. We can walk with you as you try to determine driver liability and seek compensation for damages sustained after a pedestrian accident. Call us at 818-369-3270 for a FREE 15-minute case evaluation.